BULL v. U.S.

No. 2006-5038.

479 F.3d 1365 (2007)

John W. BULL, et al., Plaintiffs, and David Bailey, Ed Kruzel, John F.M. Leuth, Claudia Monistrol, Jose Rivera, and Todd Stuble, Plaintiffs-Appellees, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 15, 2007.


Attorney(s) appearing for the Case

David L. Kern, Kern Law Firm, PC, of El Paso, TX, argued for plaintiffs-appellees. Of counsel on the brief were Richard Tinsman, and Dennis Bujnoch, Tinsman & Sciano Inc., of San Antonio, TX. Also of counsel on the brief was Dawn Finlayson, The Gardner Law Firm, PC, of San Antonio, TX.

Tara K. Hogan, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Kathryn A. Bleecker, Assistant Director. Of counsel was Christian J. Moran. Of counsel on the brief were Robert H. Humphries and Christopher J. Duncan, United States Department of Homeland Security, of El Paso, TX.

Larry J. Adkins, Deputy General Counsel, United States National Treasury Employees Union, of Washington, DC, for amicus curiae. Of counsel on the brief were Gregory O'Duden, General Counsel, Barbara Atkin, Deputy General Counsel, and Irene N. Pantelis, Assistant Counsel.

Before NEWMAN, Circuit Judge, CLEVENGER, Senior Circuit Judge, and DYK, Circuit Judge.


CLEVENGER, Senior Circuit Judge.

The United States appeals the October 21, 2005, order and judgment of the United States Court of Federal Claims awarding $287,489.94 in overtime compensation, liquidated damages, and attorneys' fees and costs under the Fair Labor Standards Act, as amended, 29 U.S.C. §§ 201-219 ("FLSA"), to six Canine Enforcement Officers currently or formerly employed by the Customs and Border Protection...

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